- 1 Spousal Support Attorney in Salt Lake City
Spousal Support Attorney in Salt Lake City
The purpose of spousal support, also referred to as alimony, is to enable the spouse receiving financial support to maintain the same standard of living they had during the marriage. In addition to preventing them from becoming a discharge of the state, in the event they are suddenly unable to afford the home they live in and other bills after the divorce.
In the state of Utah there is no set formula to determine how much alimony to award. Instead, Utah courts must consider a number of factors when awarding funds. These factors often include things like; financial conditions and need of the recipient, and the recipient’s ability to earn income. Additionally, the court will consider if the recipient contributed to any increase in the payor’s skill during the marriage. This might include things like the recipient paying for the education the payor received, or paying for the household bills while the payor attended school.
Ensuring you have legal representation able to properly communicate your needs with the court is essential. Especially if you have a case with some unique circumstances. Did you know if your former spouse cheated you may be eligible for more financial support?
In 2019, the Supreme Court of Utah agreed with Read & Read when we argued before them in the case Gardner vs. Gardner, on the issue of fault and alimony. The Supreme Court, also, agreed with our attorneys that adultery and other considerations should impact the amount of alimony paid each month.
Don’t navigate your divorce alone, let us help ensure you have what you need to thrive in your next chapter. Schedule your free 30 minute consultation today!
Why You Need an Experienced Utah Alimony Lawyer on Your Side
In Utah, both spouses have the legal right to request alimony payments. Judges consider numerous factors when it comes to deciding whether to award alimony. Whether you are asking for alimony payments or trying to avoid paying alimony, you need a lawyer who will present relevant evidence to the court to persuade the judge to rule in your favor.
Ensuring that you have hired a lawyer who will communicate all of your needs with the family court trying your case is crucial. It is essential that you hire an experienced attorney if you have unique circumstances, such as a child with special needs.
The Utah divorce attorneys at Read & Read have a reputation for achieving results. We will advocate assertively on your behalf to ensure that the court understands your position regarding alimony. Contact us today to schedule your free 30-minute consultation with one of our experienced family law attorneys.
Obtaining Spousal Support in Utah
The purpose of alimony, or spousal support, is to enable the spouses in a divorce to maintain the same standard of living they enjoyed in the marriage. Judges will require one spouse to pay the other spouse monthly payments so he or she can afford the home they live in and pay other necessary bills after the divorce is finalized.
There is no specific formula used by judges to determine how much alimony to award in divorce cases. Instead, judges consider multiple factors when determining whether to award funds to one spouse. Courts also consider whether the spouse requesting spousal support contributed to the paying spouse’s skills during the marriage.
Suppose the husband told the wife that if she worked and paid the bills while he was in school, he would work, and she could be a stay-at-home parent after he graduated from school and got a job. In that case, the court would be more likely to award spousal support to the stay-at-home parent.
Spousal Support Factors in Utah
Utah judges enjoy a significant amount of discretion when determining whether to award a spouse with spousal support. Judges can award spousal support while the divorce is pending and after the divorce has been granted. Utah judges consider multiple factors when deciding whether to award alimony, including the following:
- Whether either spouse engaged in adultery, domestic violence, physical abuse, or financial irresponsibility
- Whether the spouse requesting alimony payments contributed to the other spouse’s skills by paying for educational expenses or other bills while they attended school during the marriage
- Whether the spouse requesting alimony worked in a business his or her spouse owned or operated
- Whether the spouse requesting alimony has physical or legal custody of minor children who need financial support
- The length of the marriage
- The financial ability of the paying spouse to provide spousal support
- The ability of the spouse requesting alimony to earn money or produce an income, including their passive income and work history
- The financial condition of the spouse requesting alimony
As mentioned above, Utah judges are not bound by a specific formula, but they try to balance each spouse’s income level. For example, if one spouse earns less than the other spouse, a judge may combine both spouses’ incomes and divide that amount by two. The judge may choose to award enough spousal support to try to equalize the spouses’ incomes.
Adultery and Spousal Support
Our law firm recently won a Supreme Court case regarding this very issue. The Supreme Court recently affirmed our lawyer’s arguments when they held that judges in Utah courts can consider issues of fault when deciding whether to award alimony. Additionally, the Supreme Court held that Utah judges could consider adultery, abandonment, and other grounds for divorce when they decide how much alimony the paying spouse should pay every month.
Modifying Spousal Support Agreements in Utah
Utah courts can award temporary alimony or alimony that will last for at least several years. Typically, judges will not award alimony payments for a period longer than the duration of the marriage. For example, if a couple was married for five years, judges will be less likely to award alimony for five or more years. The longer the couple has been married, the more likely the court is to award alimony payments. When a marriage is short and there are no children involved, courts are more likely to consider each spouse’s standard of living before they were married when deciding how long to award alimony.
It is possible to modify an alimony order under Utah law. However, you will be required to prove that a material change in your circumstances has occurred that justifies modifying the original spousal support arrangement. You will not be able to change the alimony order just because your needs have changed. The court will consider material changes, such as a serious illness, extended job loss, and other factors that have a significant impact on your financial situation.
Contact a Salt Lake City Spousal Support Lawyer Today
The compassionate and skilled spousal support lawyers at Read & Read have the skills to help you with your divorce. Whether you are pursuing getting divorced or you need to modify a current spousal support order, you need an experienced attorney on your side who will advocate for your best interests. Contact the experienced Utah spousal support lawyer today. We offer our new clients a free 30-minute consultation.